State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion 2012-186 Topic: Social media and attorney advertising Digest of the Committee: “Material posted by an attorney on a social media website will be subject to professional responsibility rules and standards governing attorney advertising if that material constitutes a ‘communication’ within the meaning of […]
65 Ark. L. Rev. 7 (2012) From the Article’s Introduction: “The overall thesis of this article is that we are not likely to see the creation of special rules for social-media discovery. Part II of this article discusses why special social-media discovery rules likely will not be needed. Part III discusses why the rulemakers […]
Professional Responsibility and Ethics Committee Topic: Ethical Duties of Lawyers in Connection with Adverse Comments Published by a Former Client Conclusion from the opinion: “The Committee concludes that the attorney may publicly respond to such comments as long as the rebuttal: (1) does not disclose any confidential information; (2) does not injure the former client […]
The full text can be downloaded at: https://thesedonaconference…
Topic: Lawyers’ Recommendations on Professional Networking Website The full text can be found at: http://www.ncbar…
American Bar Association, The Young Lawyer, Vol. 16 No. 9 (July/August 2012) Excerpts from the Article: “Technology has recently transformed communications between lawyers and their clients and poses unique problems for preserving the attorney-client privilege, the work product doctrine, and lawyers’ ethical duty to maintain client confidences. […] Social media sites provide a potential forum […]
ISBA Professional Conduct Advisory Opinion No. 12-15 Topic: Confidentiality Digest of the ISBA: “Use of a lawyer listserv or bar association online discussion group can be a useful and effective means to educate lawyers and can provide a resource when lawyers engage in research and decision-making. However, when lawyers consult with other lawyers who are not associated with them in […]
Committee on Professional Ethics Topic: Publishing criticism of other attorneys Digest of the Committee: “The Rules of Professional Conduct do not prohibit a lawyer from hosting or participating in a blog dedicated to publishing factually accurate criticism of another lawyer’s professional conduct.” Relevant Law: New York’s Rule of Professional Conduct 8.2, 8.3, 8.4 The full […]
Professor Nathan M Crystal, Technology and Confidentiality Topics of the presentation (1) public use of technology: California Ethics Committee Formal Opinion 2010-179 ABA Formal Opinion 99-413 South Carolina Rule of Professional Conduct 1.6 (2) metadata in document transmission […]
Groupon and similar deal-of-the-day websites: is their use ethical for a lawyer? It seems so, according to a recent opinion of the Ethics Advisory Committee, but are the risks worth its while? Groupon is an online company that offers daily deals at local businesses. You can get discounts on manicure service, drinks, local restaurants . […]